NEW YORK v. ABRAHAM

Nos. Civ.A. 01 CIV. 5499, 01CIV.5500 (LTS)(DCF).

199 F.Supp.2d 145 (2002)

State of NEW YORK, State of California, State of Connecticut, State of Vermont, State of Maine, State of New Jersey, State of Nevada, Plaintiffs, v. Spencer ABRAHAM, as Secretary of the United States Department of Energy, and United States Department of Energy, Defendants, and Air-conditioning and Refrigeration Institute, Intervenor. Natural Resources Defense Council, Inc., Consumer Federation of America, and Public Utility Law Project, Plaintiffs, v. Spencer Abraham, as Secretary of the United States Department of Energy, and United States Department of Energy, Defendants, and Air-Conditioning and Refrigeration Institute, Intervenor.

United States District Court, S.D. New York.

April 25, 2002.


Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, State of New York, Albany, NY, by Peter H. Lehner, D. Scott Bassinson, Assistant Attorneys General, Bill Lockyer, Attorney General, State of California, Sacramento, CA, by Richard M. Frank, Chief Assistant Attorney General, Public Rights Division, California Attorney General's Office, Richard Blumenthal, Attorney General, State of Connecticut, Hartford, CT, by Mark Kindall, Assistant Attorney General, William H. Sorrell, Attorney General, State of Vermont, Montpelier, VT, by S. Mark Sciarrotta, Assistant Attorney General, Office of the Attorney General, Natural Resources Defense Council, Washington, DC, by Sharon Buccino, John Walke, Natural Resources Defense Council, G. Steven Rowe, Attorney General, State of Maine, Augusta, ME, by Paul Stern, Deputy Attorney General, Gerald D. Reid, Assistant Attorney General, John J. Farmer, Jr., Attorney General State of New Jersey, Trenton, NJ, by Howard Geduldig, Deputy Attorney General, Richard J. Hughes Justice Complex, Frankie Sue Del Papa, Attorney General, State of Nevada, Carson City, NV, by Timothy Hay, Chief Deputy Attorney General, Bureau of Consumer Protection, Natural Resources Defense Council, Inc., Consumer Federation of America, and Public Utility Law Project, New York City, by Katherine Kennedy, Natural Resources Defense Council, for plaintiffs.

James B. Comey, United States Attorney for the Southern District of New York, New York City, by Wendy H. Schwartz, Assistant United States Attorney, for Dep't of Energy defendants.

Wiley Rein & Fielding, LLP, Washington, DC, by John A. Hodges, James C. Rubinger, Kristina R. Osterhaus, Michelle E. Boardman, Baker, Donelson, Bearman & Caldwell, Washington, DC, by James C. Duff, for Intervenor Air-Conditioning and Refrigeration Institute.


MEMORANDUM OPINION AND ORDER

SWAIN, District Judge.

In these consolidated actions, the Attorneys General of seven states,1 the Natural Resources Defense Council, Inc., the Consumer Federation of America, and the Public Utility Law Project ("Plaintiffs") challenge the suspension, initiated by order dated February 2, 2001, and continued by order dated April 20, 2001, of the effective date of a final rule published by the...

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